Does the worker or their family have to call that lawyer? In a word, no.

There are four main instances in which a unionized work needs a lawyer
and the union recommends a lawyer:

When the union member thinks the employer is breaching their union contract;

When the union member needs a
non-work-related legal service, like preparing a divorce or filing a bankruptcy;

When the union member is hurt, and needs a workers’ compensation
or personal injury lawyer;

When the union member feels they have been discriminated against, and so
needs a discrimination lawyer.

In the first case, most union agreements require the union to assist the union member throughout
the grievance process, including and through arbitration. The union has
what is known as a “duty of fair representation” to the member, and as part of that duty has to assist the member
with their claims against the employer unless the union genuinely believes
the claim lacks merit. Thus, for the bulk of grievances against the employer
over the union agreement, the union will appoint an attorney for the member
to use in the arbitration. Although members often can hire their own attorney,
it usually is not worth it to do so unless the union attorney truly appears
to be mishandling the case.

In the second case, many unions has “prepaid legal services” plans that operate
somewhat like dental insurance. For a fee upfront (either monthly or annually),
the union member is given access to attorneys who have agreed to represent
union members in particular matters. These matters typically involve family
law, like adoptions or divorces, bankruptcies, or criminal defense of
misdemeanors. In these situations, the union member is free to choose
their own personal attorney (and can often get the union to pay for some
of that work by the attorney), but the better deal - assuming the lawyer
is competent and sufficiently motivated - is to stick with the prepaid
attorney, because there usually won’t be any additional fees.

In the third case, although some prepaid legal plans will have a preferred attorney who
has agreed to review all of the cases, the union member is under no duty
to choose a particular lawyer. When a union member is injured on the job,
their workers’ compensation or personal injury claim is
their claim, not the union’s, and they can hire whomever they please.
Typically, workers’ compensation and personal injury lawyers work
off of a contingent fee, where the lawyer is paid entirely out of the
settlement or award, and so there’s no money to be paid in that
instance, either.

As plaintiff’s lawyers who represent injured workers, we want to tell you
the secret of finding a good injury lawyer: go talk to several them, see how you get along with them, and choose
the one you trust and are most comfortable with. There are a lot of great
trial lawyers around, particularly in the larger cities. The most important
part is that you figure out for yourself what they’re like in person
and if you have confidence in their abilities and their judgment - if
you don’t, you’re going to end up lying awake at night, doubting
your case, doubting your lawyer’s decisions, and thinking about
what else you could do. Don’t get yourself in that situation, spend
some time research and talking to firms and follow your instincts.

In the fourth case, the same lawyers who represent unions sometimes also represent employees
in individual discrimination claims, and so union supervisors and leaders
will often recommend members use those same law firms. That isn’t
necessarily a problem or a conflict of interest. It is, however, another
situation in which the worker is entitled to reach out to other potential
employment discrimination lawyers until you find one you’re comfortable with.

For over fifty years, The Beasley Firm has set the standard for representing
injured persons nationwide. If you or a loved one have been injured at work,
contact us using this form or by calling 1-(888) 823-5291 for a free, confidential consultation.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship. Please
note: All cases are different and past results do not predict future case outcomes.

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